Walker v. Scott et al
Filing
9
MERIT REVIEW OPINION( Rule 16 Deadline 4/21/2014.): SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 2/20/2014. (ME, ilcd)
E-FILED
Thursday, 20 February, 2014 04:31:34 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
RICHARD SMEGO,
Plaintiff,
v.
GREGG SCOTT, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
13-CV-3235
This order also entered in related cases:
3:13-cv-03269-SEM-BGC
3:13-cv-03286-SEM-BGC
3:13-cv-03237-SEM-BGC
3:13-cv-03238-SEM-BGC
3:13-cv-03239-SEM-BGC
3:13-cv-03240-SEM-BGC
3:13-cv-03241-SEM-BGC
3:13-cv-03242-SEM-BGC
3:13-cv-03243-SEM-BGC
3:13-cv-03245-SEM-BGC
3:13-cv-03246-SEM-BGC
3:13-cv-03247-SEM-BGC
3:13-cv-03248-SEM-BGC
3:13-cv-03249-SEM-BGC
3:13-cv-03250-SEM-BGC
3:13-cv-03253-SEM-BGC
3:13-cv-03256-SEM-BGC
3:13-cv-03254-SEM-BGC
3:13-cv-03255-SEM-BGC
3:13-cv-03259-SEM-BGC
3:13-cv-03264-SEM-BGC
3:13-cv-03261-SEM-BGC
3:13-cv-03268-SEM-BGC
Page 1 of 7
3:13-cv-03265-SEM-BGC
3:13-cv-03270-SEM-BGC
3:13-cv-03274-SEM-BGC
3:13-cv-03280-SEM-BGC
3:13-cv-03258-SEM-BGC
3:13-cv-03276-SEM-BGC
3:13-cv-03272-SEM-BGC
3:13-cv-03279-SEM-BGC
3:13-cv-03278-SEM-BGC
3:13-cv-03277-SEM-BGC
3:13-cv-03292-SEM-BGC
MERIT REVIEW OPINION
SUE E. MYERSCOUGH, U.S. District Judge.
Over thirty lawsuits are pending by detainees at the Rushville
Treatment and Detention Center, alleging deliberate indifference to
inhumane conditions during July and August of 2013. The
compressor for the air conditioner on these detainees' living unit
broke, leaving Plaintiffs to allegedly swelter in a closed, unventilated
area for an extended period of time, with little or no ice, fans,
ventilation, relocation, or other accommodations which might have
eased the detainees' alleged suffering. Defendants cannot be liable
if they took reasonable measures to address the problem. However,
at this point, determinations of whether Defendants were
deliberately indifferent would be premature.
Page 2 of 7
The cases listed above will be consolidated for the purpose of
service, except for Plaintiff Smego's case. Plaintiff Smego's
allegations differ somewhat from the other cases. The other cases
appear to all have identical complaints on file. Defendants will be
served with only one of those complaints and shall treat the
complaint served as stating the allegations in all the cases
consolidated for service. Defendants will file an Answer in each
case separately, but the Answer will be the same in each case
except for the Smego case. The Court will decide later if the cases
will be consolidated for other purposes, such as discovery.
Each Plaintiff should be aware that costs may be assessed
against him if he loses this case. Fed. R. Civ. P. 54(d). Additionally,
sanctions may be awarded if the Court determines that a Plaintiff's
claims are factually frivolous. Fed. R. Civ. P. 11.
IT IS ORDERED:
1.
The cases listed above are consolidated for the purpose of
service, except for Smego v. Scott, 13-CV-3235.
2.
Each case listed above is now in the process of service.
Plaintiffs are advised to wait until counsel has appeared for
Defendants before filing any motions, in order to give Defendants
Page 3 of 7
notice and an opportunity to respond to those motions. Motions
filed before Defendants' counsel has filed an appearance will
generally be denied as premature. Plaintiff need not submit any
evidence to the Court at this time, unless otherwise directed by the
Court.
3.
The Court will attempt service on Defendants. Defendants
have 60 days from the date the waiver of service is sent to file an
Answer. If Defendants have not filed Answers or appeared through
counsel within 90 days of the entry of this order, Plaintiff may file a
motion requesting the status of service. After counsel has appeared
for Defendants, the Court will enter an order determining how these
cases will proceed.
4.
With respect to a Defendant who no longer works at the
address provided by Plaintiff, the entity for whom that Defendant
worked while at that address shall provide to the Clerk said
Defendant's current work address, or, if not known, said
Defendant's forwarding address. This information shall be used
only for effectuating service. Documentation of forwarding
addresses shall be retained only by the Clerk and shall not be
maintained in the public docket nor disclosed by the Clerk.
Page 4 of 7
5.
Defendants shall file an answer within 60 days of the day
the waiver of service is sent by the Clerk. A motion to dismiss is
not an answer.
6.
Once counsel has appeared for a Defendant, Plaintiff need
not send copies of his filings to that Defendant or to that
Defendant's counsel. Instead, the Clerk will file Plaintiff's document
electronically and send a notice of electronic filing to defense
counsel. The notice of electronic filing shall constitute service on
Defendants pursuant to Local Rule 5.3. If electronic service on
Defendants is not available, Plaintiff will be notified and instructed
accordingly.
7.
Counsel for Defendants is hereby granted leave to depose
Plaintiff at Plaintiff's place of confinement. Counsel for Defendants
shall arrange the time for the deposition.
8.
Plaintiff shall immediately notify the Court, in writing, of
any change in his mailing address and telephone number.
Plaintiff's failure to notify the Court of a change in mailing address
or phone number will result in dismissal of this lawsuit, with
prejudice.
Page 5 of 7
9.
If a Defendant fails to sign and return a waiver of service
to the clerk within 30 days after the waiver is sent, the Court will
take appropriate steps to effect formal service through the U.S.
Marshal's service on that Defendant and will require that Defendant
to pay the full costs of formal service pursuant to Federal Rule of
Civil Procedure 4(d)(2).
10. The Clerk is directed to enter this order in all of the above
listed cases.
11. The Clerk shall assess a partial filing fee in the following
cases: 13-3269, 13-3243, and 13-3276. Failure to pay the
partial filing fee will result in dismissal of this case, without
prejudice.
12. Plaintiffs' petitions to proceed in forma pauperis in the
above listed cases are granted.
13. Plaintiffs' motions for the Court to search for pro bono
counsel are denied. This is a relatively simple claim. Each
Plaintiff has personal knowledge of the conditions he suffered, his
efforts to obtain help, and the responses he received. Each Plaintiff
appears competent to proceed pro se in light of the simple nature of
the claim.
Page 6 of 7
13. The Clerk is directed to attempt service on the
Defendants named in the consolidated cases pursuant to the
standard procedures.
Only one complaint (13-3269) and one
waiver of service will be sent to each Defendant, along with
this order. The waiver of service shall list all cases
consolidated for the purpose of service. Signature on the
waiver shall constitute a waiver for all such consolidated
cases.
14. The Clerk is directed to separately attempt service of
the Complaint in Smego v. Scott, 13-CV-3235, pursuant to
the standard procedures.
ENTERED: 2/20/2014
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
Page 7 of 7
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?